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HomeMy WebLinkAboutMINUTES Town Board 2016-09-27Town of Estes Park, Larimer County, Colorado, September 27, 2016 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 27th day of September, 2016. Present: Also Present: Todd Jirsa, Mayor Wendy Koenig, Mayor Pro Tem Trustees Bob Holcomb Patrick Martchink Ward Nelson Ron Norris Cody Walker Frank Lancaster, Town Administrator Travis Machalek, Assistant Town Administrator Greg White, Town Attorney Jackie Williamson, Town Clerk Absent: None Mayor Jirsa called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PUBLIC COMMENTS. Art Messal/Town citizen commented the staff and Board need to address issues such as traffic congestion, parking, and the potential loss of sales tax and other revenues. TRUSTEE COMMENTS. Trustee Nelson reported the Larimer County Open Space Board celebrated the 20th anniversary of the program with the opening of the new visitor center at Horsetooth and unveiled a new open space video. Trustee Walker congratulated Steven Gillette for his recent appointment by Governor Hickenlooper to the Solid and Hazard Waste Commission. He reminded the public of the current opening on the Local Marketing District. Trustee Norris reviewed the items discussed at the recent Planning Commission meeting, including the special review process and accessory dwelling units (ADUs). The Commission continued the discussion on ADUs for the second time to further review how the units would be restricted to workforce housing, should the units be restricted to certain zoning districts, to gather further data, and to discuss enforcement. Staff has drafted language for review that includes a sunset provision. Trustee Martchink commented the Parks Advisory Board heard a proposal from Porter Florence on adding shade trees around the entrance to the Carriage Hills playground area as an Eagle Scout project. Mayor Jirsa stated he attend the CML Mayor's conference. He informed the community the Town would not be moving the 911 dispatch services to Larimer County in 2017 to reduce the budget. The Town needs to address the need for redundant fiber for the community before the item would be discussed further. TOWN ADMINISTRATOR REPORT. Policy Governance 3.8 Compensation and Benefits Report — Administrator Lancaster reported full compliance with the exception of providing spousal health insurance as part of the compensation. Pikas in the Park — The project would provide a fun and whimsical activity for all to enjoy in the downtown core area and would be unique to Estes Park. Life size bronze Board of Trustees — September 27, 2016 — Page 2 pikas would be placed around the area between the 34/36 intersection and Tregent Park. Handouts would be made available at the Visitor Center to begin the pika search. The project would begin with 10 sponsored pikas named after historical figures at approximately $475 each. This conceptual project would be reviewed and finalized through the Arts in the Parks program and would be a Centennial project. The Board stated care should be taken on placement to ensure the safety of the citizens and visitors. Mayor Jirsa stated Village Goldsmith would be a sponsor. 1. CONSENT AGENDA: 1. Town Board Minutes dated September 13, 2016 and Town Board Study Session September 13, 2016. 2. Bills. 3. Committee Minutes: a. Public Safety, Utilities and Public Works Committee, September 8, 2016. 1. Revised Invision GIS Expenditure Limit, $465,000 - unbudgeted. 4. Estes Valley Planning Commission Minutes dated August 16, 2016 (acknowledgement only). 5. Transportation Advisory Board Minutes dated August 17, 2016 and Special Meeting dated September 7, 2016 (acknowledgement only). 6. Parks Advisory Board Minutes dated August 19, 2016 (acknowledgement only). 7. Acceptance of Policy Governance Compliance Report. It was moved and seconded (Nelson/Holcomb) to approve the Consent Agenda Items, and it passed unanimously. 2. LIQUOR ITEMS: 1. TRANSFER OF OWNERSHIP FROM TAYLOR LEGG LLC DBA FAJITA RITA'S TO LONGS PEAK INC. DBA FAJITA RITA'S 1560 BIG THOMPSON AVENUE, HOTEL & RESTAURANT LIQUOR LICENSE. Town Clerk Williamson presented the application to transfer the license to Long's Peak Inc. All required paperwork and fees were submitted and a temporary was issued on August 26, 2016. TIPS training has been completed by the applicant under their previous license. It was moved and seconded (Koenig/Holcomb) to approve the Transfer of Ownership from Taylor Legg LLC dba Fajita Rita's to Longs Peak Inc. dba Fajita Rita's 1560 Big Thompson Avenue, Hotel & Restaurant Liquor License, and it passed unanimously. 3. ACTION ITEMS: 1. DOWNTOWN PLAN CONSULTANT CONTRACT APPROVAL. Senior Planner Chilcott stated the Town Board approved entering into a professional agreement with Logan Simpson for the Downtown Plan in October 2015. Logan Simpson began work on the project; however, services were not performed as contractually required, therefore, the Town terminated the contract in April 2016. Staff began contractual discussions with the second choice of the selection committee, Winters and Company. The new firm and restarting of the project has delayed the completion of the plan and necessitated an amendment to the grant agreement with DOLA to extend the project to December 31, 2017. A.scope of work has been negotiated with Winter at a cost of $190,000 and $20,000 from the Town to include the services of a local consultant Steve Lane as recommended by staff and the Board of Trustees — September 27, 2016 — Page 3 Town Board. The Town has expended $23,679 for services rendered by Logan Simpson including the development of a website, branding, and survey. Art Messal/Town citizen questioned why the Town would hire a consultant to provide a vision for the downtown. He stated the Town and its citizens should discuss a vision for the entire valley and not just the downtown area. After further discussion, it was moved and seconded (Nelson/Holcomb) to approve a contract with Winter and Company at a cost not to exceed $210,000 with $190,000 from a Colorado Department of Local Affair Energy and Mineral Impact Assistance fund grant and $20,000 from the General Fund, and it passed unanimously. 2. BROADBAND ENGINEERING DESIGN CONTRACT AND ASSOCIATED REVENUE AND EXPENSES. Manager Fraundorf stated the Town issued an RFP in July 2016 for engineering work to design a broadband network in and around Estes Park funded by a Colorado Department of Local Affairs grant. The Town received five proposals which were reviewed by a selection committee. The committee selected Manweiler Telecom Consulting Inc.(MTC) of Centennial, CO because of their responsiveness, capability and cost. MTC would partner with UpTown Services LLC, a firm well -versed in this specific type of engineering and design as they designed Longmont's fiber network. Approval of the contract would require a budget amendment to account for the anticipated expenses and grant reimbursement. The project should be complete by June 2017. It was moved and seconded (Norris/Koenig) to approve the professional services agreement with Manweller Telecom Consulting Inc. and to revise the 2016 budget to include the Department of Local Affairs (DOLA) grant and the associated expenditures, fiber optic contract, etc., and it passed unanimously. 3. TRANSIT FACILITY PARKING STRUCTURE CONTRACTS. Construction Manager / General Contractor Contract Approval — Director Muhonen reviewed the project history stating the process to relocated the new transit parking structure from the north parking lot of the Visitor Center to the south parking lot where there would be fewer utility and access conflict took over a year of negotiation, meetings and study to obtain FTA approval of the relocation. The project further required a new preliminary design, an Environmental Assessment, negotiation of a Special Use permit with the Bureau of Reclamation, mitigate concerns of the Estes Valley Recreation and Park District, and obtain two new access permits from CDOT. The project has been divided into two phases in an effort to meet project costs. Phase I consists of the ground floor and one elevated second level to provide an additional 108 spaces. Phase II consists of two additional elevated levels to provide an additional 202 parking spaces for a total of 412 spaces at the location after full build out. The delay in approvals has placed $400,000 in FASTER grant funds from CDOT in jeopardy, if the project has not begun by October 2016. In an effort to maintain the funds and minimize further construction costs, the Town pursued a fast -tracked Construction Management/General Contract (CMGC) project. Under the CMGC process construction stages commence prior to and run in parallel with the completion of the final design drawings, thereby accelerating the completion of the project and saving on construction costs. Public Works issued an RFP and recommends Heath Construction, LLC to provide CMGC services for Phase I at a cost of $4.1 million and a total project cost of $7.65 million for both Phase I and 11, if funded. Authorization to proceed with Phase 11 would be conditional upon Town Board approving financing. The total project would not exceed $8 million and would be completed prior to July 2017. Board of Trustees — September 27, 2016 — Page 4 Art Messal/Town citizen commented the project would be a great start to addressing the parking issue and would support the completion of both phases. He stated the Town should charge for parking. It was moved and seconded (Koenig/Holcomb) to approve the Construction Management/General Contractor agreement with Heath Construction in a maximum amount of $8 million contingent upon the terms and conditions outlined in the staff memo, and it passed unanimously. Independent Cost Estimator Contract Approval — The CMGC process includes an Independent Cost Estimator (ICE) that provides accountability to the taxpayers to ensure the price paid for the project work items are fair and consistent with current market rates. The ICE evaluates and assists the Town in negotiating all project costs prior to commencement of each stage of work. Public Works issued an RFP and received one bid from Stanton Constructability Services, LLC for an established maximum payment not to exceed $28,000 for Phase I and $39,997,50 for both Phase I and II. The contract would be a time and materials contract and only the actual time expended and expenses incurred on the project would be invoiced. Stanton has extensive experience performing ICE services on over 60 CMGC projects and has performed ICE services for the US 34 permanent repairs project through CDOT. It was moved and seconded (Holcomb/Martchink) to approve a professional services contract agreement with Stanton Constructability Services, LLC in the maximum amount of $39,997.50 contingent upon the terms and conditions outlined in the staff memo, and it passed unanimously. Project Management Change Order Approval — Public Works hired Space Into Place Architecture and Design (SIPAD) in November 2015 to provide Project Management services for the project. Additional Project Management expenses were incurred in negotiating the relocation of the structure and in exploring the feasibility of building the Phases concurrently. Public Works proposed the extension of the contract with SIPAD to provide Project Management services through December 2017 and increase the contract by $115,330 from $151,500 to $266,830. It was moved and seconded (Nelson/Koenig) to approve a change order to extend the Space Into Place Architecture and Design (SIPAD) project management services contract through December 31, 2017 and increase the price to $266,830 contingent upon the terms and conditions described in the staff memo, and it passed unanimously. Phase II Funding Option Discussion — Director Hudson issued an RFP to lenders to fund Phase II utilizing the 18-hole golf course as collateral and received two proposals. Staff initially considered using the parking structure as collateral for the loan; however, the Special Use permit restricts the Town from using the structure as collateral. The lease purchase financing agreement would contain a non -appropriation clause for future Town Boards, which would allow the Board to default on the loan and transfer the property to the lender. The repayment of the loan would be 15 years at an interest rate between 3.0% to 3.19%, completed in 6-8 weeks, and the Street Improvement (STIP) funds would be used to make loan payments. He estimated the loan payments at $380,000 a year, well below the $435,000 allocated for STIP annually. Director Muhonen stated a delay in the project would increase the cost due to the number of bond issues on the November ballot and available contractors to bid on the project would decrease. The inflation cost of construction is three times higher than the current interest rates. Completing both projects would be more cost effective and be less disruptive to the community and visitors because completing Phase 11 at a later date would require the structure to be closed during construction. Board of Trustees — September 27, 2016 — Page 5 Board discussion followed and has been summarized: Trustee Nelson would support and advocate the project be completed concurrently; Mayor Pro Tem Koenig questioned if using the golf course as collateral would present a conflict with the Estes Valley Recreation and Park District for the use of the golf course, and stated concern with a potential decrease in sales tax during the Hwy 34 road closure over the next several years and the repayment of the loan; Trustee Walker commented on his disappointment that Town Hall has already been collateralized, and questioned what the Town communicated to the citizens during the election on how the STIP funds would be utilized; Mayor Jirsa commented on his concern with what was promised to the voter during the 1A sales tax election, the sunset of the tax in seven years, and the need to continue making loan payments for an additional eight years; Trustee Norris commented on the need to bring forward a proposal for the Board to evaluate; Trustee Holcomb would recommend pursuing the option and building Phase II; and Trustee Martchink would recommend staff continue to explore the option. Administrator Lancaster stated the STIP funds are not allocated to the Street Improvement fund; however, the Town committed during the 1A election to continue to fund street improvement or transportation related issues with the STIP funds. He further noted the Town cannot charge a fee for the use of the parking lot through the Special Use permit. The Town may negotiate ownership of the land with the Bureau of Reclamation in the future through a land trade. This would allow the Town to refinance the loan and use the parking structure as collateral. Staff would continue to investigate the option and bring the item forward for the Board's consideration. 4. INTERGOVERNMENTAL AGREEMENT FOR FUNDING 1-25 IMPROVEMENTS. Town Administrator Lancaster reviewed the proposal by Larimer County to provide local matching funds for improvements to increase capacity to the 1-25 corridor with State and Federal funds. The County's mill levy supports both the General Fund and the Road and Bridge fund. It has the authority to change the percentage that goes to each fund so long as it does not exceed the total mill levy approved by the county voters. State statutes require the County to share back 50% of the Road and Bridge mill levy within a municipality back to the municipality. The County proposes to increase the Road and Bridge tax for five years to raise over $10 million for the match. The County further requested each municipality contribute the additional funds they would receive from the increase to add to the local match. It was moved and seconded (Holcomb/Walker) to approve the Intergovernmental Agreement for funding the 1-25 improvements, and it passed with Mayor Pro Tem Koenig voting "No". 5. FPPA RETIREMENT PLAN OPTION FOR THE SWORN POLICE OFFICERS. The item was continued to the October 11, 2016 meeting. 6. INTERVIEW COMMITTEE FOR THE LOCAL MARKETING DISTRICT (LMD) APPOINTMENT. It was moved and seconded (Norris/Koenig) to approve the appointment of Trustees Walker and Martchink to the Local Marketing District Board interview panel, and it passed unanimously. Whereupon Mayor Jirsa adjourned the meeting at 8:47 p.m. Todd Jirsa, Major '" kie Williamson, Town Clerk